TSEM1535 - Introduction to trusts: new trusts: how trusts are created

There are five main ways to create a trust.

  • Orally - Created by word of mouth.
  • Deed - Created inter-vivos (literally ‘between the living’).
  • Will or codicil - Created following the death of the testator.
  • Court order - Typically this is after a divorce, inheritance on death or compensation claim.
  • Operation of law - This could result from intestacy (someone dying without leaving a valid will).